Court Refuses to Set Aside Separation Agreement

In a recent decision, an Ontario court considered the interesting question of when it might be appropriate to set aside a separation agreement. As it turns out, the answer to this question may be more complicated than it seems.   The Parties’ Story The parties were married for approximately 19 years and separated in 2008. …

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Why I Mediate

People often ask me why I believe in mediation. Why I mediate. I believe in mediation because, in many cases, it is a superior process to litigation and results in better outcomes for individuals and families. Self-Determination Couples going through a separation often feel powerless. Circumstances in their personal lives have gotten to the point …

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Update on proposed Divorce Act Amendments

On May 22, 2018, the federal Minister of Justice introduced Bill C-78, a Bill that proposes to amend, among other legislation, the Divorce Act; Canada’s federal family law statute governing divorce, separation and parenting. The amendments are designed to respond to the public (and the legal profession’s) desire for the law to better reflect the …

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Family Law for Estates and Trusts Practitioners Part II

Part Two of my article on what estate and trust practitioners should know about family law. http://www.advocatedaily.com/jennifer-samara-shuber-family-law-tips-for-estate-and-trust-practitioners-part-2-1.html

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Common Law Spouses and Claims for Constructive Trust

The Ontario Court of Appeal recently grappled with the important question of when a common law partner’s claim for a constructive trust interest in a home may or may not be allowed. What Happened? The parties were common law partners who had cohabited for 15 years, from 2000 to 2015. At no time did the …

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Is January Divorce Month?

Happy New Year to everyone. I hope the holidays treated you well and you have survived the deep freeze. I spent a week at a cottage on the shores of beautiful Georgian Bay. I learned a lesson my mother tried to impart for years: Hats keep your head warm. But I digress… There has been …

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Changing a Child’s Name After Separation or Divorce

An Ontario court recently grappled with the interesting question of when it is and is not appropriate for a parent to be prohibited from changing the name(s) of their children after a separation. As we’ve explored previously, this is often a source of tension for separating parents. In this case, the court allowed the mother …

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Court of Appeal Upholds Cohabitation Agreement Waiving Spousal Support

The Ontario Court of Appeal has upheld a cohabitation agreement that a woman signed decades ago without obtaining independent legal advice, finding no reason to overturn the agreement. What Happened? The parties in question began to live together in 1997. The husband had previously had an acrimonious separation and wanted to avoid a similar situation …

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